Dalim Mondal v. The State Of West Bengal And ORS.

D/L 21 17.01.2025 Bpg.

ct.no.35 W.P.A.138 of 2025 Dalim Mondal

Versus

The State of West Bengal & Ors.

Mr. Subhrojyoti Ghosh.

...for the petitioner.

Ms. Sonal Sinha Ms. Munmun Ganguly.

...for the State-respondents.

Affidavit of service filed by the petitioner be kept with the record.

Petitioner is aggrieved by the fact that in spite of order passed in T.S. 501 of 2023 wherein the learned Civil Judge (Senior Division), 1st Court, Krishnagar, Nadia allowed ad interim injunction in the form of status quo in respect of nature, character and possession of the suit property, it has been alleged that the private respondents have destroyed the crops of the petitioner and in spite of informing the police authorities, no action has been taken. State has submitted a report. Report reflects that the police authorities have drawn up proceedings under Sections 107/116 of the Cr.P.C. on or about 29th May, 2024.

In view of the Title Suit pending and an ad interim order of injunction/status quo being passed,

the petitioner would approach the jurisdictional civil court under the relevant provisions of law, praying for direction for rendering police assistance. In case the jurisdictional civil court passes such order, the police authorities would respect, obey and implement such order. In the meantime, the police authorities would keep a strict vigil and ensure that no breach of the peace takes place.

With the aforesaid observations, WPA 138 of 2025 is disposed of.

There will be no order as to costs.

Report so submitted be kept with the record.

A copy of the report be handed over to the learned advocate appearing for the petitioner. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)